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Meera Systems Pvt. Ltd. engages an independent freelancer to write custom software. The contract is silent on ownership. As per the general copyright position in India, who is the first owner of the copyright in the code?

The freelancer is the first owner. Under the Copyright Act the author owns the work, and the employer exception applies only to a contract of service. An independent contractor is not an employee, so without a written assignment the company gets only a licence, not ownership, despite paying the fee.

  1. AThe freelancer, since a contract for service does not automatically vest copyright in the commissionerCorrect
  2. BMeera Systems, since it paid the fee
  3. CThe Government of India, as all software is public property
  4. DBoth equally, by operation of law

Explanation

Under the Copyright Act, the author is the first owner, except in works made in the course of employment under a contract of service. A freelancer works under a contract for services, so absent a written assignment the freelancer remains the owner and the company gets at most an implied licence. Payment alone does not transfer ownership.

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